Today, the U.S. District Court for the District of Columbia issued a ruling denying the Standing Rock Sioux Tribe’s request for a preliminary injunction to stop construction of the Dakota Access Pipeline. However, immediately following the release of the Court’s decision, the Departments of Justice, Army, and Interior released a joint statement indicating that construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward until the Army Corp can determine whether it will need to reconsider important issues raised by the Standing Rock Sioux Tribe and other tribal nations.

The Departments also indicated that this case has raised a need for serious discussion on whether national reform is necessary to ensure full consideration of tribal views in these types of infrastructure projects.

NCAI President Brain Cladoosby made a statement on today’s court ruling and joint statement:

“We as Native people have endured many battles and we still remain. Despite the setback in court today, I’m encouraged by the decision of the Departments of Justice, Army, and Interior to halt construction of the pipeline near Standing Rock’s waters and sacred places, in accordance with its trust responsibility to tribal nations. What I’ve seen in my two visits to Standing Rock is the transformative power Indian Country has when we stand together and speak with one voice to protect our waters, our lands, and our sacred places for future generations. No decision from any court can take away the power of our prayers, our songs, and the collective voice of our peoples. NCAI and all of Indian Country will continue to Stand with Standing Rock.”

FOR IMMEDIATE RELEASEFriday, September 9, 2016Joint Statement from the Department of Justice, the Department of the Army and the Department of the Interior Regarding Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

The Department of Justice, the Department of the Army and the Department of the Interior issued the following statement regarding Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers:

“We appreciate the District Court’s opinion on the U.S. Army Corps of Engineers’ compliance with the National Historic Preservation Act. However, important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding the Dakota Access pipeline specifically, and pipeline-related decision-making generally, remain. Therefore, the Department of the Army, the Department of Justice, and the Department of the Interior will take the following steps.

The Army will not authorize constructing the Dakota Access pipeline on Corps land bordering or under Lake Oahe until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws. Therefore, construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time. The Army will move expeditiously to make this determination, as everyone involved — including the pipeline company and its workers — deserves a clear and timely resolution. In the interim, we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.

“Furthermore, this case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects. Therefore, this fall, we will invite tribes to formal, government-to-government consultations on two questions: (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.

“Finally, we fully support the rights of all Americans to assemble and speak freely. We urge everyone involved in protest or pipeline activities to adhere to the principles of nonviolence. Of course, anyone who commits violent or destructive acts may face criminal sanctions from federal, tribal, state, or local authorities. The Departments of Justice and the Interior will continue to deploy resources to North Dakota to help state, local, and tribal authorities, and the communities they serve, better communicate, defuse tensions, support peaceful protest, and maintain public safety.

“In recent days, we have seen thousands of demonstrators come together peacefully, with support from scores of sovereign tribal governments, to exercise their First Amendment rights and to voice heartfelt concerns about the environment and historic, sacred sites. It is now incumbent on all of us to develop a path forward that serves the broadest public interest.”

WASHINGTON DC, Aug. 30, 2016 | National Congress of American Indians (NCAI) President Brian Cladoosby and a delegation of Washington state tribal leaders visited the Standing Rock Indian Reservation on Tuesday, Aug. 30, in support of the tribe’s protest of the Dakota Access Pipeline.

The 1,168-mile pipeline will stretch from North Dakota to Illinois, crossing the Missouri River at Lake Oahe a half-mile from the Standing Rock Indian Reservation. The pipeline will transport over 570,000 gallons of crude oil per day, and has generated mass outcry due to the dangers the project poses to the Missouri River, and its proximity to tribal land and sacred sites located on those lands.

Several thousand protesters have convened at Sacred Stone Camp near Cannon Ball, N.D. in solidarity with the Standing Rock Sioux Tribe’s fight against the pipeline. Construction on the pipeline has been halted pending legal cases.

“As first stewards of this land, tribes fully understand that protecting our water and natural resources is paramount,” said NCAI President Cladoosby. “Any resource development must be done as tribes see fit, so these projects can coexist with our traditions and cultures to ensure that our resources are preserved for future generations."

In defiance of federal statutes which require tribal consultation, the Standing Rock Sioux Tribe was excluded from the process until after surveys had already been conducted by Dakota Access. The State of North Dakota had been consulted and made aware of each step while the tribe was not.

The Standing Rock Sioux Tribe seeks to halt the Dakota Access Pipeline, and encourages supporters to voice their opposition to the U.S. Army Corps of Engineers, the White House, and U.S. Congress. While the Corps approved several sections of the pipeline without fully satisfying its trust responsibility to the Standing Rock Sioux Tribe, a written easement has yet to be granted to Dakota Access, LLC. The Tribe seeks to halt the pipeline until it can ensure the protection of its waters and sacred places.

In keeping with the trust relationship, NCAI supports the Standing Rock Sioux Tribe and all tribes to be fully included in the decision-making process when pipeline projects impact tribal governments, and their lands and resources.

The Dakota Access Pipeline is the latest chapter in long history of Indian Country having potentially hazardous pipeline routes and resources development through and near tribal lands without respecting tribal sovereignty.

Standing Rock Sioux Tribe sued the Army Corps of Engineers for failing to comply with National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), the Clean Water Act (CWA), and the Rivers and Harbors Act, and asked for a preliminary injunction to stop construction immediately while the case goes forward. The case was heard on Wednesday, Aug. 24, by Judge James E. Boasberg in federal court. A decision will be issued no later than Sept. 9.

At present, 184 tribal governments and organizations have also issued letters of support for the Standing Rock Sioux Tribe, with 75 resolutions passed.

NCAI is Standing with Standing Rock and all other tribes facing violations of tribal sovereignty across Indian Country.

The Washington delegation accompanying NCAI President Cladoosby included leaders from the Swinomish, Lummi, Puyallup, Nisqually, Squamish, Lower Elwha, Hoh, and Yakama tribes. A group from the Muckleshoot Tribe was also present at the camp.

The delegation’s 39-vehicle caravan included a totem pole carved by members of the Lummi Nation, which joined the delegation’s journey to Sacred Stone Camp.